1995-043-Authorizing The Execution Of An Agreement With Pfister Excavating For Project 9328-ARESOLUTION 1995 - 43
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH
PFISTER EXCAVATING
FOR PROJECT 9328 -A - LOS GATOS CREEK TRAIL
STORM DAMAGE REPAIR - (MILES AVENUE TO BLOSSOM HILL ROAD)
WHEREAS, bids were sought and advertised in conformance with State and Town law,
and;
WHEREAS, the Town Council directed the Town Manager to seek an agreement
favorable to the Town and;
WHEREAS, Pfister Excavating Inc., is a qualified contractor and has submitted the
lowest responsible bid for the work and;
WHEREAS, the attached agreement is in the best interests of the Town.
BE IT RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa
Clara, State of California, that the Town Manager is authorized to enter into the agreement with
Pfister Excavating, attached as Exhibit A for the construction of Project 9328 -A - Los Gatos
Creek Trail Storm Damage Repair - (Miles Avenue to Blossom Hill Road),
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California, held on the 17th day of April, 1995, by the following vote.
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Linda Lubeck, and Mayor
Patrick O'Laughlin
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
MAYOR OF THE TOWN LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST
CLERK OF THE TOWN OF LOZATOS
LOS GATOS, CALIFORNIA
Section 7
AGREEMENT
THIS IS AN AGREEMENT between the Town of Los Gatos (hereinafter referred to as "Owner ") and Pfister
Excavating, P.O. Box 4312, Vallejo, CA 94590 (hereinafter referred to as "Contractor ").
Owner and Contractor, for the consideration hereinafter named, agree as follows:
1 - SCOPE OF WORK
Contractor shall furnish all materials and perform all of the work for the construction of PROJECT #9328A
- LOS GATOS CREEK TRAIL STORM DAMAGE REPAIR (MILES AVENUE TO BLOSSOM HILL ROAD)
in accordance with the Contract Documents.
2 - CONTRACT PRICE
As full compensation for furnishing all materials and for doing all the work contemplated and embraced
in this agreement, also for all loss or damage arising out of the nature of the work aforesaid, or from the
actions of the elements, or from any unforeseen difficulties or obstructions which may arise or be
encountered in the prosecution of the work until its acceptance by Owner, and for all risks of every
description connected with the work, also for all expenses incurred by or in consequence of the
suspension or discontinuance of work, and for well and faithfully completing the work, and the whole
thereof, in the manner and according to the Contract Documents, Owner shall pay the amount specified
by Contractor in Contractor's Bid Form.
3 - CONTRACT DOCUMENTS
All rights and obligations of Owner and Contractor are fully set forth and described in the Contract
Documents. All parts of the Contract Documents are intended to be correlated so that any work called
for in one part and not mentioned in the other, or vice versa, is to be executed the same as if mentioned
in all said documents. The Contract Documents are defined in section 8 -01(a) of these Specifications and
are incorporated herein by reference the same as though set out in full.
4 - BEGINNING OF WORK
Following the execution of this agreement and the approval of bonds and insurance policies and
certificates, Owner shall issue a notice to proceed with the work. Commencing work or the entrance of
equipment or materials on the site of the work by Contractor before receipt of the notice to proceed is at
the sole risk and expense of Contractor, and the Contractor shall be fully liable for any damage or injury
sustained by Owner or third persons resulting therefrom.
5 - TIME OF COMPLETION
The work called for herein shall be fully completed within the time limit set forth in the Special Conditions.
Revised JANUARY 17, 1995 (ATY)
SECTION 7 - AGREEMENT 2
6 - CORRECTION OF WORK AFTER ACCEPTANCE AND FINAL PAYMENT BY TOWN
Contractor shall remedy any defects due to faulty materials and /or workmanship and pay for any
damages to other work and /or existing facilities resulting therefrom which shall appear within a period of
two years from the date of recording of the Notice of Completion.
7 - LIQUIDATED DAMAGES
The undersigned has reviewed and is thoroughly familiar with the appropriate sections of the Contract and
Section 8 -06(c) of these Specifications pertaining to liquidated damages.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day of
, 19
T N F LOS TOS
By
Town Manager
CONTRA OR i
By
Presi t�- Se, retary
P.O. Box 4312, Vallejo CA 94590
Business Address
486712
Contractor's License Number
APPROVED AS TO FORM:
MARGARET SOLAN
Acting Town Attorney
ATTEST:
MARIAN COSGROVE
Town Clerk, Town of Los Gatos
Revised JANUARY 17, 1995 (ATY)